Court documents show prosecutors may choose to recharge Alec Baldwin

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SANTA FE, N.M. – We could find out in the next six months if actor Alec Baldwin will face any charges connected to the deadly shooting on the set of “Rust.” 

That’s one of the revelations contained in recent court filings in the case of the film’s armorer — Hannah Gutierrez-Reed.  

Right now, she’s the only one still facing charges for the deadly shooting. Her lawyers are trying to get her case thrown out. 

Prosecutors filed a response to that attempt last Friday.

Both Baldwin and armorer Hannah Gutierrez-Reed were charged with involuntary manslaughter. 

Prosecutors ended up dropping the charges against Baldwin in April 2023. They said some evidence required further investigation.


Recently filed documents point out the gun was damaged during FBI testing. 

Documents say the gun and broken part were sent to the state lab for further testing. If testing finds the gun did not malfunction, prosecutors say they will refile charges against Baldwin. 

As for Gutierrez-Reed, she sought to have charges against her dropped. She raised objections about prosecutors and statements they made and evidence in the case. 

Prosecutors argue any issues raised were either too minor to result in a case dismissal, or are now moot because a new special prosecutor team took over the case, and recently filed a new criminal complaint.

Prosecutors argue that continued prosecution is necessary to get justice. They accuse Gutierrez-Reed of having a “history of reckless conduct that has resulted in loss of human life.”

Prosecutors say she was sued for giving the keys to her motorcycle to an intoxicated person who caused a deadly crash. They also accuse Gutierrez-Reed of drinking heavily, and smoking marijuana during the evenings while shooting “Rust.”

Prosecutors claim Gutierrez-Reed may have been hungover when the live round was put in the gun. 

Lawyers for Gutierrez-Reed have put forward a theory that someone on set tried to sabotage the film. 

A trial for Gutierrez-Reed is currently set to begin in August. 

The documents note there was one “dummy” round found on set that did not rattle as it was supposed to. They say that round was set for testing, but prosecutors don’t believe that testing will reveal anything that will change the charges. 

It’s still not clear how live rounds got on the set, but prosecutors say they’re working to find out.